LAWS(KAR)-2022-10-199

SHIVAKUMAR Vs. STATE OF KARNATAKA

Decided On October 13, 2022
SHIVAKUMAR Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioners are the prospective applicants for allotment of shops in a Commercial Complex constructed in CTS No.1002 by the Ranebennur Municipality.

(2.) The Petitioners are aggrieved by the issuance of the Government Order dtd. 18/4/2022 (Annexure-C), by which the State Government, taking note of the resolution passed by the Municipality on 17/4/2015, has permitted the licensees of Shop Nos. 1 to 32 to continue as lessees till 2026,subject to them filing an undertaking that they shall file an affidavit that their shops, which are in their possession would be disposed of by a public auction as per the guidelines that may be prevailing as on 2026.

(3.) Learned counsel for the petitioners contends that the Government had no power to go against its very own guidelines and extend the lease till 2026. It is his submission that the every shop is required to be disposed of only by way of a public auction and no special consideration can be shown to any person especially the petitioners, who have been in possession of the shops for more than 30 years.